Companies Act 1993

Approval of arrangements, amalgamations, and compromises by court

238: Parts 13 and 14 not affected

You could also call this:

“Court approval for company mergers and agreements remains available alongside other methods”

The court can approve an amalgamation under section 236 even if it could be done under Part 13. This means you have different ways to combine companies, and the court can still approve it even if there’s another method available.

The court can also approve a compromise under section 236 even if it could be approved under Part 14. A compromise is a way to settle disagreements or make deals, and again, the court can approve it even if there’s another way to do it.

This gives you more options when dealing with company matters. You can choose the method that works best for your situation, and the court can still give its approval.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM321189.

Topics:
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237: Court may make additional orders, or

“Court can make extra orders to help approved company changes happen”


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239: Application of section 233, or

“Rules for compromises approved under section 236”

Part 15 Approval of arrangements, amalgamations, and compromises by court

238Parts 13 and 14 not affected

  1. The court may—

  2. approve an amalgamation under section 236 even though the amalgamation could be effected under Part 13:
    1. approve a compromise under section 236 even though the compromise could be approved under Part 14.